Foreign assets were not included in deceased's estate

[Bills]

The deceased died intestate in 20+ years ago, and grant of probate was issued. It has just been discovered that several foreign properties were not included in the estate at that time. The beneficiaries have not received any monies, the properties have now been possessed by local people. Is the administrator liable for the beneficiaries losses?

[Pezza54]

Was the executor a solicitor?
Please read the article "Negligent will drafting and time limits" at www.willsandprobatedisputes.uk
As it has just been (within3 years) discovered that foreign properties were missed from the estate that should have been included, there may be a viable claim of professional negligence against the solicitor.

[Bills]

Was the executor a solicitor?
Please read the article "Negligent will drafting and time limits" at www.willsandprobatedisputes.uk
As it has just been (within3 years) discovered that foreign properties were missed from the estate that should have been included, there may be a viable claim of professional negligence against the solicitor.

No, he died intestate. The grant was only extracted by a solicitor so I believe the administrator held the responsibility on his own.

[Pezza54]

Who was the administrator?

[Bills]

The administrator was family member and a also a beneficiary.

[Pezza54]

Does the relative administrator have the means to pay if a negligence claim against him or her is successful? A solicitor would have insurance cover for professional negligence claims whereas a lay person hasn't got this.
If you are sure the administrator has sufficient funds you should contact a contentious probate solicitor about your potential claim

[Pezza54]

There is an article at www.harrison-drury.com about executors failing in their duties. This firm offers free advice and provides a contact number. Could be worth a try

[PallasAthena]

Do you have reason to believe that the administrator knew of the foreign properties when they dealt with the estate 20+ years ago but hid that knowledge from the beneficiaries? Or is it that the administrator also was unaware of the foreign properties until recently?

If the latter and you wanted to bring a claim in negligence against the administrator do not underestimate the practical difficulties in proving negligence, in showing what the administrator knew or should have known more than 20 years ago. It is quite likely that the paperwork has been disposed of. AFAIK executors/administrators are not required to keep the estate paperwork for 20 years.

I assume from your first post that taking possession of the foreign properties and selling them now is not possible. Has that been looked into?

[Bills]

Do you have reason to believe that the administrator knew of the foreign properties when they dealt with the estate 20+ years ago but hid that knowledge from the beneficiaries? Or is it that the administrator also was unaware of the foreign properties until recently?

If the latter and you wanted to bring a claim in negligence against the administrator do not underestimate the practical difficulties in proving negligence, in showing what the administrator knew or should have known more than 20 years ago. It is quite likely that the paperwork has been disposed of. AFAIK executors/administrators are not required to keep the estate paperwork for 20 years.

I assume from your first post that taking possession of the foreign properties and selling them now is not possible. Has that been looked into?

Yes, I have email evidence that shows the administrator knew of the foreign properties 20 years ago and hid the knowledge from the beneficiaries. The correspondence clearly shows this.

The properties have now been adversely possessed. It's not possible to recover them now.

The grant of probate was extracted by a solicitor, but the administrator was my family member.